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HomeMy WebLinkAboutCD 2023-0011; CANNON COURT ACCESSORY USE; Admin Decision LetterOctober 25, 2023 JONATHAN FRANKEL 2488 HISTORIC DECATUR RD, SUITE 220 SAN DIEGO, CA 92106 SUBJECT: CD 2023-0011 (DEV99078} -CANNON COURT ACCESSORY USE Ccityof Carlstiad BFILE COPY The City Planner has completed a review of your application for CD 2023-0011, located at 4960 Avenida Encinas (APN: 210-011-03-00), which is a modification to CUP 99-30, to convert a vacant 7,770-sqaure- foot restaurant building, into an accessory owners' association office onsite. CUP 99-30 was approved on June 26, 2001, pursuant to City Council Resolution No. 2001-209, and included the development of a gas station, mini mart, hotel and two restaurants. Pursuant to the applicant's letter dated October 3, 2023, the accessory office use will be used by the commercial property owner's association and their management team. In total, approximately 15 board and staff members of the association will utilize the space on a part-time basis throughout the year for management, security, landscape, accounting, legal, and maintenance services. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the project entails a tenant improvement for the change in use from a restaurant to an accessory owners' association office for the owners and employees onsite. No other office uses are permitted. The exterior elevations of the existing building will not be modified and will remain consistent with the exterior design and quality. 2} The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood in that no exterior changes are proposed. 3) The proposed revision does not change the density or boundary of the subject property. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that the proposed owners' association office use is accessory to the existing commercial uses located onsite. The applicant has indicated the office will only be used by the owners and employees onsite and will support the existing Commercial Tourist (C-T) zone uses onsite. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CD 2023-0011 (DEV99078} -CANNON COURT ACCESSORY USE October 25, 2023 Pa e 2 5) The proposed revision does not rearrange the major land uses within the development in that no physical changes to the project footprint are proposed. \'6) · The proposed revision does not create changes of greater than ten percent provided that compliance w;JJ be maintained with the applicable development standards of the Carlsbad Municipal Code in that the building is not proposed to be expanded and the 136 parking spaces allocated to the prior restaurant use are adequate for the proposed accessory office use, which requires 31 parking spaces. 7) The proposed change will not result in. any significant environmental impact, and/or require additional mitigation. 8) The proposed change would not result in any health, safety or welfare impacts in that the proposed use and associated tenant improvement will comply with all city code requirements. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change in that the existing number of parking spaces provided onsite is adequate for the existing and proposed uses and 105 surplus parking spots will remain. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved since no changes are proposed to the exterior of the building and the owners' association office use is accessory to the existing commercial uses onsite. No additional stand-alone primary office uses are permitted. Therefore, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and approves the changes to the project based on Planning Division Administrative Policy No. 35. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CD 2023-0011 (DEV99078) -CANNON COURT ACCESSORY USE October 25, 2023 Pa e 3 This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $900.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact your project planner, Megan McElfish at 442-339-5153. CITY OF CARLSBAD ERIC LARDY, AICP City Planner EL:MM:ES c: Kurt Wickham, West Real Estate, LLC, 5800 Armada Drive, Suite 100, Carlsbad, CA 92008 Linda Ontiveros, Project Engineer Laserfiche/File Copy Data Entry